PUBLIC LAW BOARD N0. 1838
Case No. MW-PO-77-111
Parties Brotherhood of Maintenance of Way .Employees
to and
Dispute Norfolk and Western Railway Company
Statement The employes request that Claimant M. E. Rice be paid for
of time lost as a result of ten days suspension.
Claim
Findings The Board, after hearing upon the.whole record and all evidence,
finds that the parties herein are Carrier and Employee within
the meaning of the Railway Labor Act, as amended, that this
Board is duly constituted by Agreement dated March 1, 1976,
that it has jurisdiction of the parties and the subject matter,
and that the parties were given due notice of the hearing held.
Claimant, a machine laborer, as a result of a formal investigation held, on September 9, 1977, was assessed a ten (10)
day actual suspension as discipline for having used profane
language towards his supervisor in the vicinity of Glen
Hayes, West Virginia, on August 30, 1977..
The record reflects that Claimant was handled properly pursuant
to Rule 33 - Discipline and Grievances, and that there was
sufficient evidence to base a determination that Claimant
had used profane language towards his supervisor. However,
there was also evidence to indicate that the Supervisor had
used improper language himself. In the particular circumstances
we find that the discipline was excessive. Therefore, we
-will reduce same to five (5) days actual suspension.
_ Award No.- 27 - 183D
..'
gage 2
Award Claim disposed of as per findings.
Order Carrier is directed to make this Award effective within thirty
(30) days of date of issuance shown below.
°A.-D..Arnett, Employee Member G-.Adwar s, Carrier .em er
r ur a art Wart, Chairman
and Neutral Member
Issued-at Wilmington, Delaware, November 26, 1979.